Facts
The petitioners sought approval of the appointments of Petitioner Nos. 1–5 as teachers and peon at Madrasa Islamia Bhermara, Madrasa No. 310.
Source reference: p. 3They stated that the appointments followed the prescribed selection process and were against sanctioned vacant posts, and that they joined on 7 March 2022.
Source reference: p. 3The Managing Committee’s Secretary submitted the selection records to the Board on 9 March 2022 seeking approval.
Source reference: p. 3Despite repeated reminders, the Board had not decided the request. The Board’s counsel confirmed that the Chairman’s decision remained pending.
Source reference: pp. 3–4Issues
1. Whether the Chairman of the Bihar State Madrasa Education Board should be directed to decide the petitioners’ request for approval of their appointments.
Source reference: pp. 4–52. Whether the petitioners were entitled to an immediate direction granting approval, salary, and consequential service benefits.
Source reference: p. 2Law Applied
The petition was brought under Article 226 of the Constitution of India.
Source reference: p. 2The Court applied the principle that the competent authority must consider and decide a pending request in accordance with law.
Source reference: pp. 4–5No statute, precedent, or substantive rule governing appointment approval or entitlement to salary was discussed in the judgment.
Source reference: pp. 4–5Reasoning
The Court noted that the request for approval, together with the selection records, had been submitted to the Board in March 2022 and remained undecided; the Board’s counsel confirmed that the Chairman had yet to make a decision.
Source reference: pp. 3–4Given the nature of the grievance and the pending administrative decision, the Court directed the Chairman to consider the claim and bring it to a conclusion in accordance with law.
Source reference: pp. 4–5It did not determine the validity of the appointments or grant the requested salary and service benefits.
Source reference: pp. 4–5Holding
The Court directed the Chairman of the Bihar State Madrasa Education Board to consider the petitioners’ claim—particularly that of Petitioner Nos. 1–5—for approval of their appointments and conclude the matter in accordance with law, preferably within eight weeks from receipt or production of the order.
The writ petition was disposed of with that direction.
Source reference: pp. 4–5Original Court PDF
Mohammad HuzaifavsThe Bihar State Madrasa Education Board
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